Section 133 of the Code lays down the circumstances under which a Magistrate can take action for the removal of a public nuisance and enumerates the particular Magistrates who can take such action.
It provides that whenever a district Magistrate, a sub-divisional Magistrate, or any other executive Magistrate specially empowered in this behalf by the State Government—who are only competent to take action for the removal of a public nuisance—on receiving a police report or other information and on taking such evidence, if any, as he thinks fit, considers that:
(i) Any unlawful obstruction or nuisance should be removed from any public place or from any way, river or canal, which is or may be lawfully used by the public; or
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(ii) The conduct of any trade or occupation, or the keeping of any goods or merchandize, is injurious to the health or physical comfort of the community, and in consequence such trade or occupation should be prohibited or regulated or such goods or merchandize should be removed or the keeping regulated;
(iii) the construction of any building, or the disposal of any substance as is likely to occasion conflagration or explosion should be prevented or stopped; or
(iv) Any building, tent, or structure, or any tree is likely to fall and cause injury to persons living or carrying on business in the neighbourhood or passing by; or
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(v) Any tank, well or excavation adjacent to any such public place should be fenced to prevent danger to the public; or
(vi) Any dangerous animal should be destroyed or otherwise disposed of, such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandize, or owning or possessing or controlling such building, tent, tank, well, etc. or owing or possessing such animal, to remove it in such manner as may be directed, or if he objects to do, appear before himself or some other executive Magistrate subordinate to him at a time and place to be fixed by the order, and show cause why the order should not be made absolute.
No order duly made by a Magistrate under this section shall be called in question in any civil court.
It is only on proof of urgency or imminent danger to the public interests that recourse to this section should be taken. These provisions are not a substitute for litigation in civil courts. For action under Section 133, the danger should be such that if the Magistrate does not take action and only directs such public to have recourse to ordinary law, an irreparable damage would be clone.